Mr. Charanjit Singh Bright , v. National Insurance Com. Ltd. Through Chairman/Managing Director And ANR
by Jitendra S.
Nijasure Date:
2021.02.20 11:08:01 +0530 Jitendra S.
Nijasure jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.32 OF 2021 IN WRIT PETITION NO.3259 OF 2018 Mr. Charanjit Singh Bright ...Applicant / Petitioner
Versus
National Insurance Co. Ltd. & Anr.
...Respondents
---------- Mr. Rishi Ashok i/b. Bekay Legal for the Applicant / Petitioner. Mr. Vipul Shukla with Sanjit Shenoy for the Respondent Nos.1 and 2.
---------- CORAM :
K.K. TATED & R.I. CHAGLA, JJ.
DATE :
12TH FEBRUARY, 2021 ORDER :
1.
Heard learned Counsel for the parties.
2.
By this Interim Application the Applicant is seeking directions against Respondent to release Provident Fund amount of the Applicant forthwith along with interest accrued thereon. He also seeks directions against Respondents to pay part of monthly pension to the Applicant as per his grade.
3.
Learned Counsel for the Respondents submits that, they have fled their Affdavit in Reply dated 1st January, 2021. He submits that they have no objection to release the Applicant's contribution in Provident Fund account with accrued interest, if any. He further submits that in view of General Insurance (Employees) Pension Scheme, 1995, the Applicant is not entitled for any pension, therefore there is no question of granting any relief at present in favour of Applicant. 4.
Considering, the submission of learned Counsel for parties and the paragraph 9 of the Affdavit in Reply fled by the Respondent, we are of the opinion that present Interim Application can be partly allowed. Paragraph 9 of the Affdavit in Reply reads thus:- "9. The Petitioner is seeking monthly pension in the application when he is well aware that he is not entitled to any pension as envisaged under S.22 of the GENERAL INSURANCE (EMPLOYEES) PENSION SCHEME, 1995, which stipulates as follows : "22 Forfeiture of service - Resignation or dismissal or removal or termination or compulsory retirement of an employee from the service of the Corporation of a Company shall entail forfeiture of his entire past service and consequently shall not qualify for pensionary benefts.. The reading of the above is amply indicative that the Petitioner is not entitled to any pension by virtue of his dismissal. As regards the release of Provident Fund being sought by the Petitioner, the Respondent can ony
release it's own contribution to the PF along with interest accrued thereon as credited to the account of the Petitioner which is Rs.6,24,836/-.
5.
It is to be noted that in the present Writ Petition, the Applicant's main prayer is to release the pensionary benefts with interest @ 18%. The same cannot be allowed in the present Interim Application because prayers are in the nature of fnal disposal of Writ Petition itself. Hence the following order is passed:- (a) Respondents to release the Applicant's contribution in the Provident Fund account along with accrued interest, if any, on or before 19th March, 2021.
(b) Interim Application stands disposed of accordingly. (c) No order as to costs.
[R.I. CHAGLA J.] [K.K. TATED, J.]